State respondent.
2. This application, under Section 439 of the Code of Criminal
Procedure, is preferred by accused, namely, Sajahan Sarkar, who has been
Page ... read with section 120[B]/420 of the IPC and added section
463 / 468 / 471 / 477(A) / 201 of the IPC, for granting bail
State respondent.
2. This application, under Section 439 of the Code of Criminal
Procedure, is preferred by accused, namely, Aoicharjya Jibon Baruah, who
has been ... read with section 120-B / 420 IPC and added section
463 / 468 / 471 / 477(A) / 201 IPC, for granting bail.
3. The aforementioned case
read
with section 120[B]/420 of the IPC and added section 463 / 468 / 471 / 477(A) / 201
of the IPC, for granting bail ... apart from sections under IPC .
11. Now, the issue before this court is whether there is requirement of
compliance under section 41 A-
because of the addition of said section, the I.O. has not complied with the
provision of Section 41A Cr.P.C., as the punishment ... arrested, Section 409 IPC
was not added and the same was added subsequently and as such, the requirement of
compliance of Section 41A
examination of the entire records, it is found that notice under Section 41A Cr.PC has
been issued to the petitioners. Section 41A(1) ... Section 1 to Section 41 Cr.PC.
The arrest of the petitioners is subject to the other provisions, particularly sub- Section 4 of
Section 41A
accused, the I.O. has not complied with the provision
of Section 41A Cr.P.C., compliance of which is mandatory in view ... Jahan, learned Additional Public Prosecutor, Assam,
also submits that Section 41A Cr.P.C. has not been complied with on the ground that
the accused
been arrested on
27.07.2023. Mr. Mahanta submits that the notices under Section 41A Cr.P.C.
were issued to the accused petitioners while they were ... Haloi submits that notices under Section 41A
Cr.P.C. were issued to the accused petitioners for their appearance at C.B.I.
Camp Office
State of Assam.
2. By this application under Section 438 , Code of Criminal Procedure, 1973 [ CrPC ], the
petitioner viz. Bikash Das has approached ... offence under Section 467 , IPC, none of the other offences, that is, Section 420 , IPC or
Section 468 , IPC or Section 471 , IPC, involved
presence in the Court whenever
required cannot be ensured.
14. Section 41A CrPC further provides that if the Police Officer is not effecting ... subject to the fulfillment of conditions mentioned in Section 41(1) CrPC
and Section 41A CrPC.
16. Hence, considering that
Case No. 326/2019, he served a
notice under Section 41A Cr.P.C. upon the accused, though the interstate
movement was allowed ... with this case as he was
served with a Notice under Section 41A Cr.P.C., rather he stated that he was
never served with
